Middlebrooks v United States

Ninth Circuit Court of Appeals

Decided July 31, 1950.

Ninth Circuit Court of Appeals · decided 1950-07-31

Cited by 2 later decisions — most recently February 1961

2 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 1915

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1950-07-31

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¶1Douglas E. Middlebrooks, in pro. per.

¶2No other appearances were entered.

¶3Before DENMAN, Chief Judge, and MATHEWS, and HEALY, Circuit Judges.

¶4PER CURIAM.

¶5Appellant moves for leave to appeal in forma pauperis from an order of the United Slates District Court for the Northern District of California denying a motion to vacate his sentence.

¶6It appears that that court has certified in writing that the appeal is not taken in good faith. We are hence without power to grant the motion, 28 U.S.C.A. § 1915(a) providing, “an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”

¶7The motion is denied.